THE INDEPENDENT EXAMINATION COMMITTEE

GENERAL LEGAL COUNCIL

POST CALL LAW COURSE

END OF YEAR EXAMINATION 2022

DATE: JULY 2022

SUBJECT: CONSTITUTIONAL LAW

TIME ALLOWED: THREE (3) HOURS 10.00am – 1.00pm

INSTRUCTIONS TO CANDIDATES

1. Read all instructions very carefully before beginning your answers.

2. Answer QUESTION ONE which is COMPULSORY AND ANY TWO
OTHER QUESTIONS.
3. Marks will be awarded based more on the reasoning displayed than conclusions
reached.
4. Credit will be given for clarity of expression and orderly presentation of
materials.
5. All references to legislation are to Ghanaian Law.
6. Adhere strictly to the instructions on the front cover of your Answer
Booklet

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QUESTION ONE- COMPULSORY

On 16th January, 2013, Nana Pokua Adarkwa, a 22 year old Lawyer was
enskinned a Queen Mother in the Aban Traditional Area of the Republic of
Sankofa. Whilst she was awaiting the completion of the registration of her name
in the National Register of Chiefs, the Member of Parliament in the Avadali
Constituency died of the dreaded bola disease. Nana Pokua decided to contest
the impending by-election to replace the deceased MP. In view of her
invaluable contribution to the development of the traditional area, all the
political parties in the constituency discouraged their members from contesting
the by-election. This led to Nana Pokua being declared a winner by popular
acclamation on 25th December, 2013. A few days after Honourable Nana
Pokua’s first appearance in Parliament, she received a letter from the National
House of Chiefs informing her that she had been gazetted as a Queen Mother in
the Aban Traditional Area.

In the course of time, Honourable Nana Pokua received a criminal summons

from the office of Judge Enyo Takum, the Chairman of the Zibral Football Cup
Commission of Inquiry informing her that she had been charged with the
offence of intentionally causing financial loss to the State based on the said
Commission’s report. Attached to the criminal summons was the Government’s
White paper published on 2nd July 2014 confirming the Commission’s adverse
findings against Hon. Nana Pokua. Meanwhile, Hon. Nana Pokua heard on
Anyigba FM, one of the radio stations sympathetic to the course of the
government of the day where the host alleged that she was reliably informed
that in view of the voluminous nature of the Commission's report, it would not
be convenient to publish the same.

Hon. Nana Pokua secretly managed to secure a copy of the report from the
Special Assistant of the Attorney-General. She observed that same was
presented to the President on 1st January 2014. Subsequently, Nana Pokua was
arrested and was kept in the Kankama Police cells for four days. Nene
Kokrokoo, the brother of Hon. Nana Pokua filed a Writ at the Supreme Court
against the Attorney-General claiming, inter alia, that the arrest and detention of
Hon. Nana Pokua amounted to a violation of her fundamental human rights.

When the pendency of the suit came to the notice of the Attorney-General, he
hurriedly processed Hon. Nana Pokua to the High Court for the commencement
of the criminal proceedings based on the charges preferred against her in the
Commission’s report. The Attorney-General further filed an application before
the Supreme Court praying the Court to strike out the suit brought by Hon.
Nana Pokua’s brother for non-compliance with the well-known legal principles
and laws relating to a suit of that nature, including the the fact that the Supreme
Court lacks jurisdiction to entertain the suit.

Meanwhile, Akosua Anisminic, a native of Avadali traditional area has

informed the Speaker of Parliament that Hon. Nana Pokua ought to be removed
from Parliament, as, at the time of filing of her nomination papers with the
Electoral Commission, she was a Queen Mother. Akosua also commenced an
action in the High Court, seeking inter alia, a declaration that Hon. Nana
Pokua’s enskinement was void, as she did not complete the processes of
enskinement, contrary to the customary law and usage of the traditional area,
based on further information she received from one of the kingmakers in the
traditional area. In spite of the numerous legal proceedings against her, Hon.
Nana Pokua continued to perform her traditional and parliamentary functions
creditably to the admiration of most of the inhabitants of the community.

The Laws and legal traditions of the Republic of Sankofa are the same as that of
the Republic of Ghana. With the aid of the relevant laws, decided cases and
other legal authorities;

Render a comprehensive legal opinion on all the fundamental issues that

may be raised, with a view to highlighting the rights and correspondent
responsibilities of all concerned.

QUESTION 2

To what extent is the jurisdiction of the Courts in Ghana in causes or matters

affecting chieftaincy limited?

QUESTION 3
With the aid of decided cases differentiate between the enforcement of human
rights under Article 130 and Article 33 of the 1992 Constitution.

QUESTION 4
With the aid of relevant laws of Ghana, assess the scope of the jurisdiction of
the Courts in Ghana in the determination of Parliamentary election disputes.

QUESTION 5
The Directive Principles of State Policy under Chapter Six of the Constitution
of Ghana, 1992, are not in and by themselves justiciable”.
With the aid of decided cases critically examine the above statement indicating
the extent to which you agree with the Supreme Court’s decisions in those
cases.

QUESTION 6
The survival of a modern democracy is heavily dependent on the interplay of
the twin principles of Separation of Powers on one hand and Checks and
Balances on the other”
Discuss the two principles, indicating the extent to which they are featured in
the Constitution, of Ghana 1992.